Federal Court of Appeals Denies Petition to Reschedule Marijuana

In a 28-page decision, the US Court of Appeals for the District of Columbia Circuit has denied petitioners request to overturn the July 2011 denial by the Drug Enforcement Administration to initiate proceedings to reschedule marijuana under federal law.

In October 2002, the Coalition to Reschedule Cannabis, a coalition of reform organizations including NORML, ASA, Patients Out of Time and High Times, among others, petitioned the DEA to reschedule marijuana as a Schedule III, IV, or V drug. Following years of administrative delay, on July 8, 2011, the DEA denied the petition, finding that “[t]here is no currently accepted medical use for marijuana in the United States,” and that “[t]he limited existing clinical evidence is not adequate to warrant rescheduling of marijuana under the CSA.”

Petitioners then sought review in the federal Court of Appeals, alleging the decision by the DEA was arbitrary and capricious when it concluded that marijuana lacks a “currently accepted medical use” and has a “high potential for abuse.” They ask this court to remand the case to the DEA for reconsideration of its decision.

Written by Senior Circuit Judge Edwards, the decision ruled “On the record before us, we hold that the DEA’s denial of the rescheduling petition survives review under the deferential arbitrary and capricious standard. The petition asks the DEA to reclassify marijuana as a Schedule III, IV, or V drug, which, under the terms of the CSA, requires a ‘currently accepted medical use.’ The DEA’s regulations, which we approved in Alliance for Cannabis Therapeutics v. DEA, 15 F.3d 1131 (D.C. Cir. 1994), define ‘currently accepted medical use’ to require, inter alia, ‘adequate and well-controlled studies proving efficacy.’ Id. at1135. We defer to the agency’s interpretation of these regulations and find that substantial evidence supports its determination that such studies do not exist.

“In its scientific and medical evaluation,” the court held, “DHHS concluded that marijuana lacks a currently accepted medical use in the United States. In reaching this conclusion, DHHS applied the DEA’s established five-prong test, which requires a known and reproducible drug chemistry, adequate safety studies, adequate and well-controlled studies demonstrating efficacy, acceptance of the drug by qualified experts, and widely available scientific evidence.”

“We will not disturb the decision of an agency that has ‘examine[d] the relevant data and articulate[d] a satisfactory explanation for its action including a rational connection between the facts found and the choice made.’”

In this case, we need only look at one factor, the existence of “adequate and well-controlled studies proving efficacy,” to resolve Petitioners’ claim.

At bottom, the parties’ dispute in this case turns on the agency’s interpretation of its own regulations. Petitioners construe “adequate and well-controlled studies” to mean peer-reviewed, published studies suggesting marijuana’s medical efficacy. The DEA, in contrast, interprets that factor to require something more scientifically rigorous.

In making this assessment, we must “remind ourselves that our role in the Congressional scheme is not to give an independent judgment of our own, but rather to determine whether the expert agency entrusted with regulatory responsibility has taken an irrational or arbitrary view of the evidence assembled before it.

The DEA’s construction of its regulation is eminently reasonable. Therefore, we are obliged to defer to the agency’s interpretation of “adequate and well-controlled studies.” Judged against the DEA’s standard, we find nothing in the record that could move us to conclude that the agency failed to prove by substantial evidence that such studies confirming marijuana’s medical efficacy do not exist.”

Really? “We defer to the agency’s interpretation of these regulations and find that substantial evidence supports its determination that such studies do not exist.”

So the courts are essentially saying, “We found a lot of evidence for the DEA’s claim that NO (<— bold font) adequate studies on cannabis have been performed by reputable professionals". Why? Because their argument "sounds legit, so we're not going to question it"… basically.

There exists over 2,000 years of time-honored empirical evidence, ample factual data and the anecdotal accounts of millions of responsible users that all strongly point to cannabis as a substance of medical and therapeutic value.

Which of these standards of checks and balances in regards to safety and therapeutic value did alcohol and tobacco get a passing grade on to avoid the dreaded Schedule I category? Hmm.

…and we can’t grow Hemp cause it might contain a trace of THC…but Doctor’s can prescribe Marinol, which is 100% THC but that is ok cause it is synthetic and we can control purity and put it in a pill…blah, blah, blah…

I think they write all that legalese to cover up that they know they are spouting pure bull-hockey.

“In its scientific and medical evaluation,” the court held, “DHHS concluded that marijuana lacks a currently accepted medical use in the United States. In reaching this conclusion, DHHS applied the DEA’s established five-prong test, which requires a known and reproducible drug chemistry, adequate safety studies, adequate and well-controlled studies demonstrating efficacy, acceptance of the drug by qualified experts, and widely available scientific evidence.”

the department of health and human services has decided that marijuana lacks medical use. that’s interesting, then why do they hold the patent on it’s medical use.. hmmm

Thats a GREAT Idea Dave!!! Would that not be greatest thing EVER?? Order studies of the Plant and see just what it can do. I like the way you think Dave. Any chance some one from ANY Goverment agency is LISTENING??

Absurd decision. There are mountains of scientific studies that led many states to institute medicinal marijuana. How badly did the appeals lawyer drop the ball, if they couldn’t provide more than enough scientific proofs?

Did I read wrong, or was it false, that Feds somehow have a patent on medical pot? If I read right and they do… Guess its good for them that they make the rules and write the crap that makes it so. But I just dont get it.